HomeMy WebLinkAbout25D - AGMT - FLAG INSTALLATIONREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 2, 2017
TITLE:
AGREEMENT WITH EXTERIOR PRODUCTS FOR
INSTALLATION, REMOVAL, AND STORAGE OF
AMERICAN FLAGS
{STRATEGIC PLAN NO. 3,4A)
ACT I`NC -CITY "MANAGE R
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
_•-:•
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the Acting City Manager and the Clerk of the Council to execute an agreement with
Exterior Products, subject to non - substantive changes approved by the Acting City Manager and
City Attorney, for the installation, removal, and storage of American flags to be used in downtown
Santa Ana, in an amount not to exceed $13,200, for a term beginning May 2, 2017 through
December 31, 2019.
DISCUSSION
Since 2010, the City has contracted with Exterior Products to install, remove, and store American
flags for use on Fourth Street in downtown. The flags are installed on the historic lamp posts on
Fourth Street between Ross and French. The flags are installed in observance of the following
days each year:
• Martin Luther King Day
• Presidents Day
• Memorial Day
• Independence Day
• Labor Day
• September 11th
• Veterans Day
In March 2017, the City solicited bids from local vendors to install, remove, and store American
flags for use in downtown Santa Ana. The City received three proposals form qualified vendors
(Exhibit 1). Exterior Products was selected once again for their experience and qualifications, a
record of providing excellent service to the City of Santa Ana, and for submitting the lowest -cost
proposal. The table below shows the total estimated costs of the three proposals received by the
City.
25D -1
Agreement with Exterior Products
May 2, 2017
Page 2
Vendor
Annual Cost
Total Cost 3 ears
AAA flags
$9,986.72
$29,960.16
Dekra -Lite
$8,222.19
$24,666.58
Exterior Products
$4,400.00
$13,200.00
Staff recommends that the City enter into an agreement with Exterior Products for the installation,
removal, and storage of American flags for use in downtown, for a term beginning May 2, 2017
through December 31, 2019.
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #3 (Economic Development), Objective 4
(continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse,
shopping, dining, and entertainment destination), Strategy A (Provide a safe and inviting public
environment in the downtown, including the Wellness Corridor, through enhanced amenities,
improved way finding and engaging street/sidewalk design and lighting).
FISCAL IMPACT
Funds in the amount of $13,200 are available in the Downtown Enhancements and Parking
Modernization Plan account (no. 02710133 - 62300) for possible expenditure in FY 2016 -17.
Fiscal Year Spending Projections
FY 2016 -17 (1 holiday )
$
694
FY 2017 -18 (7 holidays)
$
4,858
FY 2018 -19 (7 holidays)
$
4,858
FY 2019 -20 4 holidays)
$
2,776
TOTAL
$
13,186
R6bdrrt`C. Cgi'tez
Deputy City Manager
City Manager's Office
Exhibits: 1. Bids Received March 2017
2. Agreement with Exterior Products
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez te
Executive Director
Finance and Management Services Agency
25D -2
Exterlor Products, Corp.
1031 North Shepard Street Estimate 006073
Anaheim, CA 92806
Phones (714)632 -3509 Date 2/3/2017
Fax: (714) 632 -3589
email: ehcQMkkMMd&L0M
we Slte: e e r r du a, a a I. tin rou •oo
STarC Shl DaCO i Shlpglnl Via Ron ID I Terms S eclat
2017 tc 2019 I T6D DCI Due July 1 .Three Year A' roament
0111 Too City of Santa Ana
Administrative Services Division M -25
20 Civic Center Plaza
Santa Ana, CA 92701
Contact: Victor Negrete
Phone: 714- 647 -5479
email V re s ta-a
Ship To; American Flag Installation
On 4th Street between
French and Ross
Santa Ana CA
Contact: Terri Eggers
Cell: 714.647 -5378
e -mall: ]'e1ggrercisantaAna ore
Quantity
Deacri tion
Unit Prise
Extended
Three Year Flag Agreement
35
American Flag Service: Includes Labor, machinery to Install, remove & store
35 American Flags, Includes Pour (4) new replacement flags and two (2)
replacement classic wood poles each year. Holidays covered are:
Martin Luther King Jr. Day
Presidents Day
Memorial Day
Independence Day
Labor Day & Sept 11th -
Veterans Day
- 6._- --
2018 4 /
4,400.00
2019 ?' 400.00
Payment remitted in full one time per year on July 1st.
Note: Individual dates will change sllghtly for 2016 & 2019
Contractor's License # 947006
Tax ID # 27- 1393763 Subtotal 4 400.00
Quota Valid Until: 3/6/2017 7.75o/n Tax
- Custamel ^Approval Frelght
Sign, email or fax to 714- 632.3589 Total -1M1 'i6;p0- ) i,'L(pq-
SeilerSignature: Eric Peterson
TItW Principal Payable on July Ist each year S - 4- 4.06:ro•e-
1�7�a
Please sign this estimate and fax to: 714- 632.9569 to Indicate your approval.
......................
designs survey results and confidential quotes are not to be copied, shared or distributed, This Is a confidential communication
re Intended redplent and a communlcetlon privileged by law.
elladon subject to 15% restoVping Pee. This contract shall be construed aid governed In accordance with the laws of the State of CA. Not
tnershlp or Joint Venture. Arbitration of Disputes- any dispute or Claim In law or equity orlsing out of thls agreement be decided by neutrel
ng arbitration. The unsuccessful arty In such actlon sprees to reimburse the successful Party therein for Its reasonable expenses and
v Paaa r— p ...... . W racnnFel le Fnr, —A.n— — A, a of r..
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d ,
D e a I w
necoMatton Innovation
P RPM 0r 7 1 31 2
3102 W. ALTON AVE.
ANA, CA 02704
Phone: ()4436-,0705
I
({({
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Fax; (71 4 A) 436 - 36 -D612
�Ifl�
NCI ��I IIII�IIQP
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Customer P.Q. Number
City of Santa Ann
Quote fate
3117117
Mrs Victor Nogrete
Ship Date
5/24(17
Public Works Agency
Account Rap
Stacey Jordan
220 S. ])stay
Santa Ana, CA 52702
USA
Ship Via
INSTALI-
Phone: 71d 547.5d79 Eax:
F.03.
Payment Terms
Santa Ana
Net 30
�,p
' '" "4. , "" a ..
Sales Tax Code
ORANGE
City of Santa Ana
Atta: Victor Negrete
Customer ID:
SAN022
365 S. 4th St.
Santa Ana, CA 92701
USA
1 FLNYOLO37,5AM 3'x 6'Nyton American Flag
Each 105
$19.95 Y $2,094,75
2 FLSPINSTASWNI' 6' Spinning Stabilizer Flag Pole, White (with
Each 35
$29,96 Y $1,046.25
adjustable braokep
3 LASQRINST Labor installation
Each 560
$19.00 N $10,640.00
of New 3'x 5'Amodcan Flags on Existing Holder
(140) for Year 2017
(210) for Ysar2018
(210) for Yaor2otg
4 LASORREMOVAL Labor Removal
Each 560
$19.00 N $10,640.00
of Customer Owned 3'x 5'Amedcan Flag and Flag Pala
(140) for Year2017
(2 10) for Year 2018
(210) for Year 2019
_
ar�spbgP�Til` '4 `fin �"
r?�t€,`�S'
Please sign and email or fax to (714) 436 4612
Install Data: See Details
Removal Date; See Details
PIInLad Using GeMa BU.Inaea Management Syalama 0 25D -4 Page 1 of
j[Del rg,- i IdIs
ti6UOY2tlOn Innovation
3102 W. ALTON AVE.
SANTA ANA, CA 92704
Phone: (714)436 »0705
Fax: (714) 4$6.0612
ACCEPTED BY DATE
PRP071312
$ub,Total
$24,423.00
Misc. Fees
0,00
Freight
0.00
Discount
0.00
_I�.._...._. Tax
$243.68
Total
$24,888.88
AUTHORIZED SIGNATURE DATE
NAME
PArded Using W.V. f)ushtess Management Systems ril 25D -5 Page 2 of 3
Corporate Offioo
8955 Na1lonal Blvd
Loa Angeles, CA 900$4
$10.836.3200
CUSTOMER 0228119
CITY OF SANTA ANA
PROJECT
US FLAG RFQ
PRIMARY CONTACT
VICTOR NEGRETE
714.6475479
V N EGRETS @$ANITA- ANA,ORG
DUE DATE
SHIPPING METHOD
Installation • AAA Factory
PAYMENT TERMS
COD
TRANSACTION # QTE215848
DATE 03/16/2017
EXPIRES 06/1412017
SALES 1'kAM 233 SHARA ENTIN
BILL TO
CITY OF SANTA ANA
20 CIVIC CENTER PLAZA
6th FLOOR
SANTA ANA CA 92701
SHIP TO
AAA INSTALLATION @ CITY OF SANTA ANA
4TH STREET
BETWEEN ROSS & FRENCH
SANTA ANA CA 92701
35
; DescYiStion_'
3' X V ECONOMY US FLAGS (OPTION A)
$17,50
$612,50
ltem'. ,' .,'
Stook Signs & Flags
35
10e86iiptlori
V X 5' NYL.GLO US FLAGS (OPTION B)
$32.50
$1,137.50
item
Stock Slgns & Flags
6
. D®sarlptlon
6 WOOD POLE WITH ROUND FINNIAL (6 PER CASE) •
�$73.40X
$440,40
Item
Hardware
35
peacripflon
'., 2017 MEMORIAL DAY - INSTALLATION
$22,50
$787.50
Item ';
Banner Installation
35
Doscrlptlon
''12017 MEMORIAL DAY • REMOVAL
$22.50
$787,50
Itam
Banner Removal
36
DescNlstki n
I20174TI -1 OF JULY. INSTALLATION
$22.50
$787,50
Item
. Banner Installation
-
$.5
Des ndptio
; 2017 4TH OF JULY. REMOVAL �_,,,,_._ ,,._._____._._...._._.,....._..
,...�,,._�.._ ...�_�.....W....
$2250
$787.50
(tern
Banner Removal
38
Deaorlptiorj ,
.2017 LABOR DAY /SEPTEMBER 11TH • INSTALLATION �
� _ $22.50
$787.50
:It am . ; ..
&.rnYY4Y Installation
35
. Description
2017 LABOR DAY /SEPTEMBER 11THI • REMOVAL
$22.50
$787,50
Item
: Banner Removal
35
De'scripfgn.
2017 VETERANS DAY• INSTALLATION
$22,50
$787.50
.Item
Banner Installation
35
Desorlpflon
2017 VETERANS DAY. REMOVAL
$22.50
$787,50
Item
Banner Removal
www.aoaflan,00m 250 -6 page 1 of 7
0102% Corporate Office TRANSACTION QT9216548
jA A 8955 Wend Blvd DATE 0311612017
Los Angeles, CA 90054
310-836-5200
36 4:,66s 2018 MARTIN LUTHER KING JR • INSTALLATION 522.50
$787.50
Banner Insfallotlol
35 P e 8 o 1 1 p 11 0 n% 2018 MARTIN LUTHER KINGJR- REMOVAL $22.50 $787.60
;'ltelYi, Banner Removal
as Description
2018 PRESIDENT'S DAY • INSTALLATION 022.50 $767,0
Item'
Banner instdIatior
38 Delcrip1tok
2018 PRESIDENT'S DAY. REMOVAL $22.60 $787,50
Item
Bonner Removal
36 Desoription
:2013 MEMORIAL DAY- INSTALLATION $22,60 $787,60
Banner Removal
Danner Installation
36 pescrlpt!on 2018 MEMORIAL DAY • REMOVAL $22.50 $76740
item Banner Removal
35 Des.c,ripflan., 2018 4TH OF JULY- INSTALLATION $22,60 $787.50
Item Banner Installation
35 Des: on 2018 4TH OF JULY • REMOVAL
$22,60 $787.50
Ifen) Banner rismoval
36 Dworiptlon .:2010LABOnDAY/SEPTrMBERIITFl-INSTALLATION $22.60 $787.50
Item Danner Installation
35 Oesoripflon 2018 LABOR DAY/SEPTEMBER 11TH -REMOVAL $22.50 $787.60
item Banner Removal
36 Dosor,Ipflon 2018 VETERANS DAY • INSTALLATION $22.50
$787.50
Item Banner Installailon
36 D6PcrIptlon :i 2018 VETERANS DAY- REMOVAL $22,60 0787.60
Item Bonner Removal
4 1)6spClpflon
2019 MARTIN LUTHER KINO JR - INSTALLATION
$2150 $787.50
Item
Banner Installation
35 bqs!crlpfion
2019 MARTIN LUTHER KING JR, REMOVAL
$22.50 476760
Item'
Banner Removal
36 Doscelpffor)
2019 PRESIDENT'S DAY INSTALLATION
$22,60 $737.50
Item
Banner Installatlon
96 Desoription 2019 PRESIDENT'S DAY - REMOVAL $22.50 $787.50
Item Banner Removal
35 Desorlption .2019 MEMORIAL DAY- INSTALLATION $22,50 0767.50
Item banner Installatloin
www.a(Aaflug.00m 25D-7 Pogo 2 of 7
55 Ciesorlpflon- 2019 MEMORIAL DAY • REMOVAL
Banner Removal
TRANSACTION QTIE215548
DATE 03/16/2017
$22,50 $787.60
56 Descripflgn 2019 4TH OF JULY , INSTALLATION $22.60 $7137.60
itom Banner Installatlon
35 Deawipfic6. 2019 4TH OF JULY - REMOVAL $=50 I)787X0
Item t� Banner Removal
35 Description, � :2019 LABOR DAY /SEPTEMBER I ITH • INSTALLATION $22,50 $787.50
. ,
Item ;banner InsiallatJon
36
Corporate Office
8956 National Blvd
241 IV LABOR VAY/RPIEll 11 IH-REjvIQVAL
[,.as Angeles, CA 90034
310-836-3200
55 Ciesorlpflon- 2019 MEMORIAL DAY • REMOVAL
Banner Removal
TRANSACTION QTIE215548
DATE 03/16/2017
$22,50 $787.60
56 Descripflgn 2019 4TH OF JULY , INSTALLATION $22.60 $7137.60
itom Banner Installatlon
35 Deawipfic6. 2019 4TH OF JULY - REMOVAL $=50 I)787X0
Item t� Banner Removal
35 Description, � :2019 LABOR DAY /SEPTEMBER I ITH • INSTALLATION $22,50 $787.50
. ,
Item ;banner InsiallatJon
36
DeDorlptlQrn
241 IV LABOR VAY/RPIEll 11 IH-REjvIQVAL
$22,50
$107,60
Item
i banner Removal
36
� t?esoriPtlon
i(2019 VETERANS DAY - INSTALLATION
U2,60
087.50
.:Item
Banner Installation
36
DescrIp'llon
2019 VETERANS DAY- REMOVAL
$22.50
$787.50
it6m
Banner Removal
I
�Nsprlpt!,Qn
2017 ANNUAL STORAGE FEE
$750,00
$750.00
I feM
Banner / Graphic Storage Service
i Description, l 2016 ANNUAL STORAGE FEE $760.00 $760,00
Item Banner / Graphic Storage SarvIoe
1 Dosorliptl6n 2019 ANNUAL STORAGE FEE
Item :I Banner / Graphic Storage Service
i Desorption SITE SURVEY
Iten Site Survey
,Detail. 'ASSESS EXISTING BRACKET HARDWARE
Dqsorlpflo , n REPLACEMENT FLAGS ik POLES TO BE QUOTED AS NEEDED
'Item memo
Shipping charges are not Included, and will be biled al, the time of Invoice unless listed.
$750.00 $750.00
$150,00 slmoo
00,00
$UBTOTAL $29,790-40
EST. SHIPPING TED
TAX (7.750/6)- $169,76
TOTAL $29,960.16
www.acicificig.com 250 -8 page 3 of 7
CON SUU,Aq AGREEMENT
THIS AGREEMENT is made and entered into this _ day of _, 2017 by and
between Exterior Products, Inc., a Californla corporation, (hereinafter "Consultant "), and
the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California (hereinafter "City "),
gk"_11_I
A, The City desires to retaln a consultant having special skill and knowledge in the
field of installing, removing, and storing American flags,
B. Consultant represents that Consultant is able and willing to provide such services
to the City,
C, In undertaking the performance of this Agreement, Consultant represents that it
Is knowledgeable in Its field and that any services performed by Consultant under
this Agreement will be performed In compliance with such standards as may
reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject
to the terms and conditions hereinafter set forth, the parties agree as follows.,
1. SCOPE OF SERVICES
Consultant shall perform those services as set forth in Exhibit A to this
Agreement, attached herewith and incorporated herein by this reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for
its services, the rates and charges identified In Exhibit A. The total sum
to be expended under this Agreement shall not exceed thirteen thousand,
two hundred dollars ($13,200,00) during the term of this Agreement.
b. Payment by City shall be made within forty -five (45) days following receipt
of proper invoice evidencing work performed, subject to City accounting
procedures. Payment need not be made for work which talcs to meet the
standards of performance set forth In the Recitals which may reasonably
be expected by City. On separate approval by the City, payment will be
made on all proper invoices evidencing acceptable work performed prior
to the start date of this Agreement in section 3 below.
3. TERM
This Agreement shall commence on the date first written above and terminate on
December 31, 2019, unless terminated earlier in accordance with Section 14, below.
J'he Term of this Agreement may be extended upon a writing executed by the City
Manager and the City Attorney.
LJ
4, INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement Is not Intended
nor shall it be construed to create an employer - employee relationship, a joint venture
relationship, or to allow the City to exercise discretion or control over the professional
manner in which Consultant performs the services which are the subject matter of this
Agreement; however, the services to be provided by Consultant shall be provided in a
manner consistent with all applicable standards and regulations governing such services,
Consultant shall pay all salaries and wages, employer's social security taxes,
unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
51 INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require Its subcontractors, if any, to obtain and maintain Insurance as
described below:
a, Commercial General Liability Insurance. Consultant shall maintain
commercial general liability Insurance naming the City, its officers,
employees, agents, volunteers and representatives as additional
insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting
therefrom and damage to property, resulting from any act or occurrence
arising out of Consultant's operations In the performance of this
Agreement, Including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit
coverage applying to bodily and personal injury, including death resulting
therefrom, and property damage, in the total amount of $1,000,000 per
occurrence, with $2,000,000 in the aggregate. Consultant shall supply
City with a fully executed additional insured endorsement in substantially
the form attached hereto as Exhibit B upon execution of this Agreement.
b. Business automobile liability Insurance, or equivalent form, with a
combined single limit of not less than $1,000,000 per occurrence. Such
Insurance shall include coverage for owned, hired and non -owned
automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of
Section 3700 of the Labor Code, Consultant, if Consultant has any
employees, Is required to be insured against liability for worker's
compensation or to undertake self - insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to
obtain and maintain any employer's liability insurance with limits not less
than $1,000,000 per accident.
d. The following requirements apply to the insurance to be provided by
Consultant pursuant to this section:
25D -10
(1) Consultant shall maintain all insurance required above in
full force and effect for the entire period covered by this
Agreement.
(ii) Certificates of insurance shall be furnished to the City upon
execution of this Agreement and shall be approved by the
City.
(ill) Certificates and policies shall state that the policies shall
not be canceled or reduced in coverage or changed in any
other material aspect without thirty (30) days prior written
notice to the City.
e, If Consultant fails or refuses to produce or maintain the insurance
required by this section or fails or refuses to furnish the City with required
proof that Insurance has been procured and Is in force and paid for, the
City shall have the right, at the City's election, to forthwith terminate this
Agreement. Such termination shall not affect Consultant's right to be paid
for Its time and materials expended prior to notification or termination.
Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance
by the City.
6. INDEMNIFICATION
Consultant agrees to and shall Indemnify and hold harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability: (1) for
personal injury, damages, just compensation, restitution, judicial or equitable relief arising
out of claims for personal injury, including death, and claims for property damage, which
may arise from the direct or Indirect operations of the Consultant or its contractors,
subcontractors, agents, employees, or other persons acting on their behalf which relates
to the services described in section 1 of this Agreement; and (2) from any claim that
personal injury, damages, just compensation, restitution, Judicial or equitable relief is due
by reason of the terms of or effects arising from this Agreement. This indemnity and hold
harmless agreement applies to all claims for damages, just compensation, restitution,
judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
events referred to in this Section or by reason of the terms of, or effects, arising from this
Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs
for the defense of the City, including fees and costs for special counsel to be selected by
the City, regarding any action by a third party challenging the validity of this Agreement,
or asserting that personal injury, damages, just compensation, restitution, judicial or
equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect
to its representation in any legal proceeding,
7. INTELLECTUAL. PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents,
representatives, and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright infringement,
2501-11
including costs, contained In the work product or documents provided by Consultant to
the City pursuant to this Agreement.
8, RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any services,
expenditures, and disbursements charged to the City for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement, All such records and invoices shall be clearly
Identifiable. Consultant shall allow a representative of the City to exarnine, audit, and
make transcripts or copies of such records and any other documents created pursuant to
this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period
of three (3) years from the date of final payment to Consultant under this Agreement.
• 1 r rtl
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and /or proprietary, Consultant
agrees that it shall not use or disclose such information except in the performance of this
Agreement, and further agrees to exercise the same degree of care It uses to protect its
own Information of like importance, but In no event less than reasonable care.
"Confidential Information" shall include all nonpublic information. Confidential information
includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by
any, ubsidiary andlor agent of the other party is covered by this Agreement. The
foregoing obligations of non -use and nondisclosure shall not apply to any information
that (a) has been disclosed In publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) Is in rightful possession of the
Consultant without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Consultant without reference
to information disclosed by the City.
1t1, CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shalt not have
interests, direct or indirect, which would conflict in any manner with performance of
services specified under this Agreement.
11. NOTICE
Any notice, tender, demand, delivery, or ether communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered In
person or mailed by first class or certified mail, postage prepaid, or sent by fax or other
telegraphic communication in the manner provided in this Section, to the following
persons:
2501-12
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M..30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
Fax 714- 647 -6956
With courtesy copies to:
Executive Director — CDA
City of Santa Ana
20 Civic Center Plaza (M -)
P,O. Box 1988
Santa Ana, California 92702
Fax 714- 647 -
ME
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Fax 714- 647 -6515
To Consultant:
A party may change its address by giving notice in writing to the other party,
Thereafter, any communication shall be addressed and transmitted to the new address.
If sent by mail, communication shall be effective or deemed to have been given three (3)
days after it has been.deposited in the United States mail, duly registered or certified,
with postage prepaid, and addressed as set forth above. if sent by fax, communication
shall be effective or deemed to have been given twenty -four (24) hours after the time set
forth on the transmission report Issued by the transmitting facsimile machine, addressed
as set forth above. For purposes of calculating these time frames, weekends, federal,
state, County or City holidays shall be excluded.
12. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the
City and Consultant, and supersedes any and all other agreements, oral or written,
between the parties. In the event of a conflict between the terms of this Agreement and
any attachments hereto, the terms of this Agreement shall prevail, This Agreement may
not be modified except by written instrument signed by the City and by an authorized
representative of Consultant. The parties agree that any terms or conditions of any
purchase order or other Instrument that are inconsistent with, or in addition to, the terms
and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this
Agreement acknowledges that no representations, inducements, promises or
25D -13
agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
13. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of
Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest
herein without the prior written consent of the City and any such assignment, transfer,
delegation or subcontract without the City's prior written consent shall be considered null
and void. Nothing in this Agreement shall be construed to limit the City's ability to have
any of the services which are the subject to this Agreement performed by City personnel
or by other consultants retained by City,
14. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written
notice of termination. In such event, Consultant shall be entitled to receive and the City
shall pay Consultant compensation for all services performed by Consultant prior to
receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require
Consultant to deliver to the City all work product completed as of such
date, and in such case such work product shall be the property of the City
unless prohibited by law, and Consultant consents to the City's use
thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
15. DISCRIMINATION
Consultant shall not disarlminate because of race, color, creed, religion, sex,
marital status, sexual orientation, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, training, utilization,
promotion, termination or other employment related activities. Consultant aff irms that It is
an equal opportunity employer and shall comply with all applicable federal, state and 10001
laws and regulations.
16. JURISDICTION • VENUE
This Agreement has been executed and delivered in the State of California and
the validity, interpretation, performance, and enforcement of any of the clauses of this
Agreement shall be determined and governed by the laws of the State of California. Both
parties further agree that Orange County, California, shall be the venue for any action or
proceeding that may be brought or arise out of, in connection with or by reason of this
Agreement.
17. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary
licenses, permits, approvals, waivers, and exemptions necessary for the provision of the
2501-14
services hereunder and required by the laws and regulations of the United States, the
State of California, the City of Santa Ana and all other governmental agencies,
Consultant shall notify the City immediately and in writing of its Inability to obtain or
maintain such permits, licenses, approvals, waivers, and exemptions, Said Inability shall
be cause for termination of this Agreement,
18. MISCELLANEOUS PROVISIONS
a, Each undersigned represents and warrants that its signature hereinbelow
has the power, authority and right to bind their respective parties to each
of the terms of this Agreement, and shall Indemnify City fully, including
reasonable costs and attorney's fees, for any injuries or damages to City
In the event that such authority or power is not, In fact, held by the
signatory or is withdrawn.
b� All Exhibits referenced herein and attached hereto shall be Incorporated
as if fully set forth in the body of this Agreement.
fSignFature Page Follows)
25D -15
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
MARIA T H"'U--]Z"-A—R--
Clerk of the Council
APPROVED AS TO FORM:
RECOMMENDED FOR APPROVAL:
ROBERT 0, CORTEZ
Deputy City Manager
Community Development Agency
25D -16
CITY OF SANTA ANA
GERARDO MOUET
Acting City Manager
EXTERIOR PRODUCTS, INC.
ERIC PETERSON
Principal
CA License # 947000
W0111
SCONE OF SERVICES
25D -17
Exterior Products, Corp.
1031 North Shepard Street Estimate 006073
Anaheim, CA 92806
Phartol (714) 632 -3509 Date 2/3!2017
Faxl (714) 632.3509
emalit gdn(rggxl rri roductg01
website; r.axtarior pciuc sn w,aw. x r Lhtin 5u .ao
m
Start Shlr
Date yr Via C;ea1�f ;f3 Tarms Special
2tl17 to 20.19 —JAL.- .. __ -, DC mm Due )uIY i ,'..,iTtiYe�Y �A,�,, gritrZ41 ®nTi?tx
Bill To; City of Santa Ana
Administrative Services Division M -25
20 Civic Center plaza
Santa Ana, CA 92701
Contact; Victor Negrate
Phone: 714 -647 -5479
email ynfflmta�-iiaii Cg
Ship Tot American Flag Installation
On 4th Street between
French and Ross
Santa Ana CA
Contact: Terri Eggers
Cell: 714- 647 -5378
e -mail; 12gger3e sans -anaM
uan it
Doacrintion . ' _�,
Unit Price
Sxtended
Three Year Flag Agreement
35
American Flag Service: Includes Labor, machinery to Install, remove & store
35 American Flags. Include, Four (4) new replacement flags and two (2)
replacement classic wood poles each year. Holidays covered are:
Martin Luther King Jr. Clay
Presidents pay
Memorial pay
Independence Day
Labor Day & Sept 11th
Veterans pay
2017 4,400.00
2018 4,400.00
`,400.00
Payment, remitted In full one time per year on .July 1st,
Note: Individual dates will change slightly for 2018 & 2019
Z—OrP Ctoffa License # 947006 - - ��W - - -�
Tax ID # 27- 1383763 Subtotal
4 400.00
Quote Valid Until: 3/5/2017 7.76% Tax
- _- -- _._..._.,..,,......__...-
/ Customer Appro val Freight
Sign, email or fax to 714- 632 -3589 Total
Seller Signature: Eric Peterson
'title: Principal payable on July 1st each year
4,400.OD
4 400.DQ
Please sign this estimate and fax to: 714. 632 -3589 to Indicate your approval.
Our designs survey results and confidential quotes are not to be copied, shared or distributed. This Is a
for the Intended recipient and a communication prlvllaged by law.
Cancellad, subject to 15% restocking fee. This contract shall be Construed and governed In accordance with the I;
a Partner5nipp or Joint Venture. Arbitration or Disputes- any dispute or claim in law or equity arising out or this agree
binding arbitration. The unsuccessful pparty in such acdoh agrees to reimburse the successful party therein for It
attorney's fees. Contractor not responslpa for vandalism or Acts or God.
25D -18
CA,
r�111n,3
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy #
— relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California
92701; its officers, employees, agents, volunteers and representatives are named as
additional Insureds ( "additional Insureds ") with regard to liability and defense of suits
arising from the operations and uses performed by or on behalf of the named insured,
2. With respect to claims arising out of the operations and uses performed
by or on behalf of the named Insured, such insurance as is afforded by this policy Is
primary and is not additional to or contributing with any other insurance carried by or for
the benefit of the additional insureds,
3. This insurance applies separately to each insured against whom claim is
made or suit is brought except with respect to the company's limits of liability. The
inclusion of any person or organization as an Insured shall not affect any right which such
person or organization would have as a claimant if not so included,
4. With respect to the additional Insureds, this insurance shall not be
cancelled, or materially reduced in coverage or limits except after thirty (30) days written
notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana,
California 92701.
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
Effective
Policy #
Issued to
this endorsement form as a part of
Named Insured
25D -19
Countersigned by
Authorized Representative
25D -20